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Labor: E.R.I.S.A. | Montana
Clerk's Notice of Reassignment - MT
Clerk's Notice of Reassignment. Pursuant to Local Rule 73.1 and objection having been made to the jurisdiction of an U.S. Magistrate Judge, this case is reassigned to District Judge Kathleen Smithgall Lane. Please update case number on future filings to: CV-26-62-BLG-KSL. (JLR)
Contract: Other | Wyoming
Order on Motion for Order
This Court has answered (albeit to Plaintiff's dissatisfaction) the questions Plaintiff now seeks to have certified to the Wyoming Supreme Court. The Tenth Circuit and this Court disfavor such an untimely certification request. Meier v. Chesapeake Operating L.L.C., 778 Fed.App'x 561, 565 (10th Cir. 2019)(party seeking certification only after an adverse ruling weighs heavily against granting certification); Boyd Rosene and Associates, Inc. v. Kansas Mun. Gas Agency, 178 F.3d 1363, 1364-65 (10th Cir. 1999) ("Late requests for certification are rarely granted by this court and are generally disapproved, particularly when the district court has already ruled.")(citation omitted). Moreover, the conservation of judicial resources to be saved by certification is lost with such an untimely request. Finally, aside from not presenting novel questions of state law, Plaintiff's certification request amounts to an inappropriate effort to take an interlocutory appeal of this Court's ruling. See Roberts v. C.R. England, Inc., 321 F.Supp.3d 1251, 1261 (D.Utah 2018). For these reasons Plaintiff's motion is DENIED.(TEXT-ONLY) ORDER by the District Judge Scott W Skavdahl denying 58 Motion for Order (Skavdahl, Scott)
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